Ben & Jerry's ice cream parlor
Ben & Jerry's ice cream parlor iStock

Ben & Jerry’s announced on Tuesday it plans to amend its lawsuit challenging the sale of its ice cream business in Israel by its parent company, Unilever.

In a letter filed in federal court in Manhattan and quoted by Reuters, Ben & Jerry’s said it plans to file an amended complaint by September 27, with Unilever’s response due by November 1.

Unilever has agreed to the timetable, the letter said. Its response to Ben & Jerry’s original complaint had been due on Tuesday.

On July 5, Ben & Jerry’s sued Unilever in a bid to block the sale of the Israeli business to Israeli licensee Avi Zinger, saying Unilever had guaranteed Ben & Jerry's the right to protect its brand when buying the company in 2000.

The sale would allow Ben & Jerry’s ice cream to be sold in Judea and Samaria, circumventing Ben & Jerry’s controversial boycott of Israeli towns in Judea and Samaria, which caused an uproar last year.

In late August, however, the court rejected Ben & Jerry's request for an injunction to stop the sale.

District Judge Andrew Carter ruled that Ben & Jerry's had not proven that its brand would suffer significant harm or that customers would be confused by the continued sale of the ice cream in Jewish communities in Judea and Samaria, and therefore no injunction was warranted.

In the months following the ice cream maker’s July 2021 announcement, multiple states divested from Unilever, including New York, Florida, New Jersey, Arizona, Texas and Iowa.